Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Minimum Wage Fixing Convention, 1970 (No. 131) - United Republic of Tanzania (Ratification: 1983)

The Committee notes the Government’s short report, in particular the adoption of the Regulations of Wages and Terms of Employment Order, 2002 (Government Notice No. 311 published on 28 June 2002), fixing the new minimum hourly, daily, weekly, fortnightly and monthly rates according to the worker’s age or place of employment.

Article 4 of the Convention. The Committee notes that, according to established practice, the adoption of a Government Order fixing minimum wage rates is always preceded by the establishment of a Minimum Wages Board to review the minimum wage rates in force and make proposals for their adjustment. The Committee requests therefore the Government to indicate whether the above-referenced Regulations of Wages and Terms of Employment Order, 2002, was issued following the recommendations of a Minimum Wages Board specifically set up to this end and to provide a copy of the statutory instrument by which such Board may have been established. The Committee also asks the Government to continue supplying information on any developments concerning the operation of the minimum wage fixing machinery, especially as regards the obligation of full consultation with and direct participation of representative organizations of employers and workers at all stages of the minimum wage fixing process.

Different minimum wage rates for young workers. The Committee recalls its previous comment in which it noted that, even though the Convention does not explicitly prohibit setting lower minimum wage rates for young workers, any measures taken in this regard should be regularly re-examined in the light of the principle of equal remuneration for work of equal value and that the quantity and quality of work should be the decisive factors in determining the wage paid. In its reply, the Government states that the current system of fixing different minimum wage levels based on age is being addressed by the ongoing Tanzania Labour Policy and Legislation Reform. The Committee requests the Government to provide in its next report additional information on the state of advancement of the legislative reform process and to keep it informed of any recommendations which may be formulated in that context with respect to minimum wage differentials on account of the worker’s age.

Application of the Convention in Zanzibar. The Committee notes that the Government does not respond to its previous request concerning the application of the Convention in Zanzibar. The Committee is therefore obliged to ask the Government once again to specify whether the minimum wage fixing machinery prescribed in sections 59(3), 102(2) and 103(2) of the Zanzibar Labour Act, 1997, is effectively in operation and to supply all available information in this regard, including any minimum wage rates which may have been established pursuant to the above provisions.

Part V of the report form. The Committee notes that since the ratification of this Convention the Government has never communicated any information on its practical application. While the Committee has noted in the past the difficulties of the Government to collect and supply similar information requested under Convention No. 26, it firmly hopes that the Government will be in a position to provide in its next report full information regarding the application of the Convention in practice, including, for instance, statistics on the number of workers covered by minimum wages legislation, extracts from inspection reports showing the number of infringements and sanctions imposed, as well as any other particulars bearing on the effect given to the requirements of the Convention in practice, both in the mainland and Zanzibar.